State of New South Wales v Malek Fahd Islamic School Limited (No 2) [2017] NSWSC 136

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Malek Fahd Islamic School Limited (No 2) [2017] NSWSC 136 Hearing dates: 23 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: Pursuant to rule 28.2 of the Uniform Civil Procedure Rules, order that the following question be decided separately after the trial of all other issues in the proceedings namely:

Whether as a matter of objective fact the defendant/cross claimant operated for profit within the meaning of former section 21A of the Education Act 1990 from 1 January 2010 to 1 January 2014 or any part thereof. Catchwords: SEPARATE QUESTION – whether court should order separate determination of matter said to be jurisdictional fact from rest of proceedings – whether "overlap in evidence" – whether likely to lead to reduction in court time – separate question posed for determination after all other issues in the proceedings Legislation Cited: Education Act 1990 Evidence Act 1995 Uniform Civil Procedure Rules, r 28.2 Cases Cited: Auckland Harbour Board v The King [1924] AC 318 Crawley v Vero Insurance Limited [2012] NSWSC 593 State of New South Wales v Malek Fhad Islamic School Limited [2016] NSWSC 1529 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Malek Fahd Islamic School Limited (Defendant/Cross Claimant) Minister for Education (Cross Defendant) Representation: Counsel: Ms J Davidson (Plaintiff) Mr A Cheshire SC (Defendant)